Seven Types of Ambiguity (2017) s01e05 Episode Script
Gina
- You okay, Sam? - [KNOCKING.]
Whoa! Easy, easy.
STASZIK: Simon Heywood, you're under arrest for kidnapping.
ANNA: Oh, my God! Sam! Where have you been, baby? Sam was picked up from school by Simon Heywood.
Simon was my boyfriend for three years.
A woman was with him.
Either of you recognise this person? No, I don't know her.
How do you know Joe Marin? - He's one of my clients.
- How's your family? I'm, uh, dropping round for dinner tonight.
Oh, that's great.
Alex, what are you doing here? I wanted to ask you a question.
Why are we getting divorced? I don't think I ever did really love you.
ANNA: [VOICE-OVER.]
Hi Simon, I'm writing to you because I read in the papers about what happened at your school.
I'm starting to believe that the only logical explanation for Simon's behaviour is that he and Anna were having an affair.
I can only imagine how terrible it must be for you.
This is Gina Serkin.
She's a criminal barrister.
She's agreed to help Simon.
SIMON: [VOICE-OVER.]
Five, four, three, - - two, one.
KIDS: [VOICE-OVER.]
Good afternoon, Mr.
Heywood! All right, get out of here.
MAGISTRATE: Having reviewed the handout brief I am satisfied that there is evidence of sufficient weight that a jury properly instructed could convict the accused, and so order Simon Heywood to stand trial on charges of kidnapping.
[DOOR SLAMs.]
- Hello, May.
- Hello.
- Hello.
- You didn't have to come in today.
It's pretty much a foregone conclusion.
Yes, I know.
How long until the trial? We'll find out at the directions hearing.
I'll let you know.
Anyway, we'd better get back to work.
And will he still say he's innocent? I just wonder if it's the right thing to do to plead not guilty.
I mean, if he gets less time in jail by pleading guilty, wouldn't that be better? Then it could all be over very quickly, couldn't it? Are you still intending to plead not guilty? Yes.
Anna just saw you in court, as a prisoner and she didn't flinch.
You don't know what she was thinking Or feeling.
So I can only assume that she's happy for this to play out as if you are guilty.
Gina, I'm sorry.
I know how this must look.
Well, it doesn't matter how it looks to me.
My job is to give a jury reasonable doubt, and if your instructions haven't changed, then that's what we'll proceed to do.
Gina, given the workload, I'm going to get someone else in.
Good.
As long as the Heywoods are going to keep paying.
Well, let's just assume they will.
What's your biggest worry? That I miss something.
Or that Simon is lying and - this'll all just blow up in my face.
- [MOBILE RINGS.]
Hi.
ALEX: [OVER PHONE.]
What are you wearing? Sorry? Tonight.
To the drinks.
Oh, um Well, it's not super formal.
- So no tie, then? - Um, that's not really necessary.
Just work clothes are fine.
Ah, how is Simon? Well, he was prepared for this, but I suppose he was hoping it would go his way.
- And are you okay? - Yes, I'm fine.
I know this sounds callous, but this case going to trial is good for me.
Anyway, look, I'll see you tonight.
- Thank you.
- Thank you.
I've never seen so many lawyers en masse.
Anything I need to know about the group dynamics? Well, they enjoy resting in warm places, and wallowing in dirt.
- What, like bison? - Mm.
Actually more cold-blooded.
Think reptile.
Gina! You came! Gideon Pozniak QC, this is Dr.
Alex Klima.
Ah! You're the psychiatrist friend who brought Gina the child stealing case.
I wish I had friends like you.
Gideon, you don't have any friends who aren't like that.
No seriously, I am very pleased for you, Gina.
About time! They'll be lining up to brief you when this is over.
[CHUCKLES.]
Don't forget to send me your overflow.
Oh, well, let's not get carried away.
Welcome.
Enjoy the evening.
- Thank you.
- Thank you.
You know, I have known him for over 20 years and this is the first time I've been invited to his little drinks.
- You've arrived.
- No pressure.
Well Well, here we are.
Yeah.
Although we've been out to drinks before.
Yes, but one or both of us was always married.
That's true.
Well, actually you're still married.
Yeah, technically speaking.
Funny, I've never met your wife.
What does she do? Actually, I don't really want to talk about my wife.
- Oh, I'm sorry.
I - No, no.
Well, how was cooking soup in your shitty kitchen? It was good.
[TELEVISION PLAYS IN BACKGROUND.]
[MOBILE BUZZES.]
- What? - No, it's all right.
You just fell asleep in front of the TV.
Why don't you hop off to bed? How was your night? It was good.
It was fun.
You look so pretty.
How you doing with that Lucy? Lucy, the cry-baby bully.
Well, she's a cow.
I couldn't care less about her.
Well, you know you can talk to me about that stuff, don't you? It's okay, I can handle it.
Right.
Night.
- - [MOBILE BUZZES.]
I was bloody starving, so I thought you might be too.
- You been working? - Mm, yes.
I'm starting to worry that Simon's story's going to end badly for him.
I'm hopeful.
- Really? - Yes, really.
Even if he does get off, he's going to be in a bad place.
What is it with you and Simon? I mean, he's more than just a patient.
Look, there was a time when I was passionately involved in ideas and politics, when I fought for what I believed in, when I wouldn't compromise my ideals for anyone or anything.
And then that faded and I don't even know how it happened.
And Simon reminded you of that.
Yeah, very much so.
And I let my professional guard down and I was arrogant enough to think that I could manage it.
I feel I let him down.
You mean a lot to him.
Well, that's good to hear.
I've kept you up.
I've taken up too much of your time.
- It's late.
- Yes.
- My daughters are asleep in there - Yes.
- I have to work tomorrow.
- You do.
- So I have to go to bed.
- Of course.
Do you want to come with me? - [LAUGHS.]
- Shh! The girls will wake.
[WHISPERS.]
Hi.
[WHISPERS.]
Good morning.
All good? You go back to sleep.
Alex.
When I call you this morning, just be normal.
I will.
Girls! Can I have $15 today? - Really? What for? - Drama thing.
Oh, well, look Now, girls, I am going to be super busy in the next couple of weeks in work, so I'm going to have to put in some late nights.
- Not Svetlana.
- I like her.
She brings lollies.
Well, look, it's just after school to help you with dinner, yeah? - She can't cook.
- Yes she can! - She told me I was fat.
- She did not.
She did.
She said my thighs were chunky and I should lay off the chips.
I was appalled.
All right, now, darling, do you want me to do your hair? - Mm-hm.
- Get your brush, quick.
How's your new boyfriend? My what? What would you say now? Let me think.
"If you're going to make an accusation, "you'd better be able to back it up "with solid, irrefutable evidence.
" This happened last night after I went to bed.
Well? Well, I just love the fact that you used the word 'irrefutable'.
Would it bother you? I don't know.
Probably.
Okay, let's go.
Quick.
Great.
And I'd really like to get hold of her phone records for the whole year previous to Sam being taken.
Lucille can start tomorrow.
Oh, and William and May Heywood are coming in tomorrow at three.
Did they say what they wanted to have a meeting about? Mr.
Heywood said "an update".
- Good morning.
- Hi.
Look, something's been bothering me.
Simon told you he met with Anna after the Carlo incident - when he was a teacher, yes? - Yes, he did.
Yet in Anna Marin's statement to police, she said she hadn't seen Simon since she left university.
But that's not the truth.
Alex, how do you know it isn't Simon's that's lied? It makes much more sense for Simon to fabricate this meeting than Anna.
Can you meet me at his apartment sometime today? May's been in and tidied up.
Oh, so May has a key? Yeah, she and William own the place.
There you go.
Well, there's no date.
But she does talk about Carlo, about his job as a teacher.
Yeah, and why would Simon pass up an offer like that? Well, the card doesn't prove they met, but certainly shows their intention to.
And also that they've had contact since university.
I mean, why lie in a statement to police, if she's nothing to hide but a coffee with an old boyfriend? Do you think there's any chance they've resumed their relationship in recent years? Anything's possible.
They were very, very much in love.
Is that what you're building your case on, Ms.
Serkin? My line of defence is to punch holes in Anna Marin's assertion that she didn't give Simon permission to pick up her child.
Do you think Anna is lying? I think there are inconsistencies in Anna's story, yes.
A friend of ours said to us that Simon could get a discount on his sentence if he pleaded guilty.
Simon's instructions to me haven't changed.
He still maintains that he's not guilty.
But if she If Anna won't help him Enough is enough.
You don't throw good money after bad.
What are you saying, Mr.
Heywood? Unless Simon pleads guilty, we're not going to continue to pay his legal fees.
And have you spoken to Simon about this? No, that's your job.
You can advise him to change his plea to guilty and you'll be paid for the job that you've done thus far, and then we can all be saved the humiliation of a public trial.
I can suggest this to him, but if he refuses, and I'm fairly sure that he will, let me tell you what will happen.
The court will learn that Simon can't pay his legal fees, so they will order Legal Aid to take over his case.
He will be inadequately represented and more than likely your son will spend many years in prison.
Well You lay all of that out to Simon, and he can choose.
Is there anything I can do for you? No, thank you, Robert.
Just keep going.
Oh, thanks, Alex.
I really appreciate this.
Not a problem.
Hello.
I see.
Look, perhaps if I speak to, William ask him to reconsider.
Simon, if you want to change your instructions, you let me know.
But you don't have to decide now.
This is getting bad, isn't it? I wanted to ask you about your meeting with Anna.
Now, how was that meeting arranged? She contacted me.
She, um I got a card from her.
Do you recall using your mobile phone - to contact her? - I suppose so.
I did have a landline.
Maybe I used that.
Now, you said you met her on the pier.
And can you tell me what time it was? Was it very busy? Is there anyone that could verify that you were there with Anna that day? It was a weekday.
It was just another day.
A windy day.
And no one saw us, no one would remember us.
But it happened.
No, no, no, look at the next one from John Sinclair from, uh What is it? - Uh, MCA Enterprises.
- Got it, got it.
What on earth was Anna doing? I've got the name of her manager at Blackwell Consulting.
- I could do some fishing? - Yes, fish away.
- And her car is on a company lease? - Yeah.
Good, that should make things easier.
Oh, I also found out Joe Marin's lost his job and their house is on the market.
[MOBILE RINGS.]
REBECCA: [OVER PHONE.]
Mum, where are you? I'm in at work, darling.
I'll be home in half an hour.
Svetlana wants to go home.
She said you only paid for her for three hours.
Well, tell her to go home.
I'm not far away, anyway.
Have you had dinner, darling? Is two-minute noodles and barbecue chicken dinner? Well, that's two food groups.
Look, she won't leave until she gets paid.
All right, sweetheart.
I'm leaving work now.
Bye.
I don't mind the chicken and noodles, - but some vegetables would be good.
- They don't eat them.
They do eat them.
And did you tell Rebecca she was fat? No, she's not fat.
What, is she crying about that? Crying? When was she crying? Young girls today have plenty to cry about.
Right, okay.
Okay, thank you.
Right, I'll see you tomorrow.
This is my last week.
- What? - I've got another job.
Live-in.
They want me start next week.
Well, you could have given me some notice.
Just happen.
I am sorry.
- But I can do the next two days.
- Okay, thank you.
[LIGHT KNOCKING.]
[DOOR CLOSES.]
[KNOCKS ON DOOR.]
You all right, Bec? Yeah.
[WHISPERS.]
Morning.
[WHISPERS.]
Not quite.
Do you get tired later on in the day? Nope.
I understand why I have to creep around.
Thanks.
I quite like it, actually.
It's our secret world.
We'll leave you to it.
Half an hour? - There's the invoice.
- Good.
Should be fine.
Thank you.
Oh, hello, May.
Come on in.
Oh, this covers the most recent invoices.
And, May, just to be clear, Simon isn't changing his plea to guilty.
I understand.
This is my decision.
I have my own money and you can get your solicitor to send the invoices directly to me now.
This is his graduation suit.
Well.
That looks perfect.
Thanks, Gina.
- I feel sick.
- No, you don't.
Oh, Bec, not today.
Uh-uh.
Today you have to take Aviva to school.
- I can't help feeling sick, can I? - All right, well look, can you walk Aviva to school and then come home? - What, is it your period? - AVIVA: Mum! Well, can I get you some painkillers? There's none there.
I looked.
Bec, please, I want you to get up and help me this morning, please.
Mum, I'm really sick.
Oh, God.
Aviva, why aren't you dressed yet? I can't find my sports t-shirt.
It's my sports carnival today, Mum.
All right.
- You girls.
- [LINE RINGS.]
- [OVER PHONE.]
Svetlana.
Leave message.
- [SIGHS.]
God.
Um, well, uh, look, sweetheart, do you really need to go to the carnival today? I mean, you can stay at home and watch TV with Becs.
I have to go.
I'm on the cheer squad, Mum.
Call Alex.
- He can take her.
- No.
No, I can't I can't do that.
Oh, just do it.
He can bring over some Nurofen for me on the way.
[SIGHS.]
He's a doctor, isn't he? - All right.
- [LINE RINGS.]
Sports shirt.
You, go, now, quick.
Alex, hi! It's me.
Now, you need to be conscious of the kind of image and message you're projecting to the court.
How should I look? Well, engaged.
Interested.
Deferential to the Judge.
Now, don't show disdain for the Prosecution or for any of his witnesses.
Right, don't shake your head, don't sigh, don't fiddle with your hands, don't doodle.
- Can I sweat? - Try not to.
- I was kidding.
- I wasn't.
[GAVEL BANGS.]
MAN: All rise.
WOMAN: Simon James Heywood, the Director of Public Prosecutions charges that you did unlawfully, by fraud, entice away Samuel Marin, a child under the age of 16 years.
How do you plead? Are you guilty or not guilty? Not guilty.
Simon James Heywood, the Director of Public Prosecutions further charges that you did take and carry away Samuel Marin against his will.
How do you plead? Guilty or not guilty? Not guilty.
Detective Staszik.
Simon Heywood's flat was searched twice by the police, wasn't it? - Yes.
- Mm-hm.
And there was no child pornography or indeed pornography of any kind found there, was there? No.
When the young boy was taken to the police station on the night in question, the police caused a medical examination of young Sam to be conducted by a qualified and experienced medical practitioner? Yes.
No evidence of sexual abuse, sexual assault or of any other kind of abuse or assault on the boy whatsoever - was found by the doctor, was there? - No.
You did, however, find some evidence that young Sam did enjoy at least one glass - of chocolate milk, didn't you? - [INDISTINCT MURMURING.]
Yes.
There's never been any suggestion of any ransom note found in the course - of your investigation, has there been? - No.
So, let me get this straight.
If Mrs.
Anna Marin, Sam's mum, had told you that Simon Heywood had permission to pick up her son, Sam, from school None of us'd be here now.
Both parents deny having given such permission.
And that's the only - reason we're here, isn't it? - Objection, Your Honour.
I'd ask my learned friend not to make statements from the bar table.
It was a question, Your Honour, but I'm happy to withdraw it.
No further questions of this witness.
ALEX: Well, Simon seemed quite calm.
Good.
He was terrified.
Yeah, I'm sure.
Alex, thanks for this morning.
No, not at all.
Aviva's a sweetheart.
Ten-year-olds are good company.
- What about Bec? Was she all right? - Yeah, she took the painkillers, she grunted "thanks" and shut the door.
This morning I realised that if my idiotic babysitter doesn't answer the phone, I've got no one.
Well, I'm glad I could be of help.
[KNOCKING.]
They've just added a witness to their list a Frederick Zwier.
[SIGHS DEEPLY.]
You shared a cell with Frederick Zwier, hm? Now, think hard about the conversations you had with him.
The police may have recorded it.
Did you say anything that would lead the jury to believe that you confessed to him? I would never have said that to anyone.
Okay, then.
All right, I'll seek an application for an adjournment so I can find out all I can about this guy.
How much time are you seeking, Ms.
Serkin? Half a day, Your Honour.
I'm giving you lunch.
Your Honour, with respect, many of the people I'm going to need to talk to - are likely to be at lunch.
- Well, you'd better hope - they're fast eaters.
- [WHISPERS.]
Fuck! Gina.
- You know Justice Gabriel? - How do you do? So sorry to interrupt, Judge, but I'm in the middle - of a County Court trial and - Not at all.
Will you join us? Thank you, look I'd love to, but I'm in the middle of the Simon Heywood trial and I'm actually here - to run something by you.
- Please, at least sit down.
Right.
So the police have got a guy to say that my client confessed to him when they shared a cell.
Now didn't they try the same stunt on one of your recent co-accused in the last month or so? It wouldn't be the 'lovable' Frederick Zwier? That's the one.
Go to my chambers and have my secretary show you everything I've got on him from the Matusevich trial.
- Thank you so much.
- Mm-hm.
Good luck.
- Thank you, Judge.
- You're welcome.
Mr.
Zwier, approximately seven weeks before the date you ALLEGEDLY had a conversation with my client, you were charged with administering a drug for the purposes of sexual penetration pursuant to Section 53 of the Crimes Act following an evening out at the Amazon nightclub, weren't you? I didn't put anything in that girl's drink.
This is all bullshit and she said she was 18.
Oh, did she volunteer her age, or did you ask her just before you drugged her? Objection, Your Honour.
Mr.
Zwier is not on trial here.
No, Your Honour, but his credibility is.
I'll allow the question, but try not to get into an argument with the witness, Ms.
Serkin.
She can say what she likes.
Most of the charges have been dropped anyway.
Oh, are you telling the court that as of yesterday, the police had dropped most of the charges against you? - Yep.
- Mm.
Mr.
Zwier, you made a deal with police to try and elicit information from my client, Mr.
Heywood, and then testify against him in this trial in return for certain of the charges against you being dropped, - didn't you? - No.
Well, you tried the same thing in the Matusevich trial, didn't you? No.
In fact, you'll say anything to anyone at anytime to try and buy yourself less jail time, isn't that right, Mr.
Zwier? Objection! Objection, Your Honour.
My learned friend - is wasting the court's - I'll withdraw the question.
Nothing further, Your Honour.
And what arrangements had you made for Sam's pick up? I was going to pick him up from school.
When you learned that your son was not at the school, where did you think he might be? I didn't know.
I was terrified.
I I've never felt more useless before in my life.
Do you know Simon Heywood? No.
Did you give Simon Heywood permission to pick your son up from school? No way in hell.
I have no further questions, Your Honour.
[INDISTINCT MURMURING.]
Mr.
Marin, you knew that Simon Heywood had been your wife Anna's boyfriend at university, didn't you? Well, I knew that she had a boyfriend at uni called Simon.
And you knew that the relationship with Simon had been the most significant relationship she'd had - before your marriage, didn't you? - I don't know what you mean.
Objection, Your Honour.
It's not clear how Mr.
Marin's ranking of his wife's premarital boyfriends is relevant to this case.
Yes, Your Honour.
Mr.
Marin, your marriage was not in the best of health, was it? My marriage was and is fine.
- Thanks for your concern.
- Were you not more dissatisfied within your marriage than most men? - Objection, Your Honour.
Relevance.
- Mr.
Marin, around the time that Sam was being picked up from school, you had been visiting a prostitute known as Angelique at a brothel on a weekly basis for approximately a year.
- Isn't that right, Mr.
Marin? - Objection, Your Honour.
My learned friend is simply badgering the witness.
- JUDGE: I'll allow that objection.
- Your Honour, what does any of this have to do with my son being kidnapped? Mr.
Marin, please confine yourself to my questions.
I'm not the one on trial here and neither is my marriage.
- That loser sitting right there is! - Mr.
Marin, please.
How about asking how the prostitute conspired with him - Mr.
Marin! - to kidnap my son and blackmail us! Mr.
Marin, please confine yourself to answering Ms.
Serkin's questions.
No further questions, Mr.
Marin.
[INDISTINCT MUTTERING.]
Hi.
Hello.
Oh, this place is nice.
Never been here.
Food's good.
My God, you must be exhausted.
Not that you look it, at all.
- Far from it.
- [CHUCKLES.]
I'm okay.
- How are you this evening, Alex? - I'm very thanks, Younis.
Thank you.
Thank you.
Thanks.
The waiter knows your name.
Oh, I've been coming here for years.
No, really, it was amazing watching you in court today.
Did you speak to William? Yep, so he's accepted that Simon's not going to change his plea, and he now knows that May is going to pay you.
- God, they are such a strange pair.
- Mm.
- How long have you known them for? - BOY: Dad.
[SURPRISED.]
Adam! Hello.
Um, Gina? This is Adam, Rachel and Deborah.
Everyone, this is Gina Serkin.
Hello.
Nice to meet you.
What are you doing here? - Well, we're having dinner.
- Adam, why don't we go and sit down? Our table's over there.
Mum, let's go somewhere else.
No.
Why don't THEY move? - Just go and sit down.
- Adam.
Please? Pleased to meet you.
[WHISPERS.]
Likewise.
Did you know your family was going to be here tonight? No.
But there was a fair chance.
I don't have the head space to deal with this.
I don't know what I was thinking.
Were you trying to hurt her? Alex, you know I'm really exhausted, my mind's on what I have to do tomorrow.
I Please.
No, no, no, no, it's fine.
Really, truly it's fine.
It's just, you know It's all good.
I'll speak to you tomorrow.
It's just bad timing.
All good.
Thanks, Mum.
I shouldn't have gone out tonight.
I'm sorry.
All good here.
I think it's good you have a boyfriend.
Well, I'm not not too sure how that's going to work out.
You deserve the best boyfriend in the world.
Don't take any crap from him.
- Are you okay, Mum? - Yeah, no, I'm fine.
- No, you're not, you're crying.
- Just a little bit.
I I'm worried about work, but But more than that, you know, I worry about you.
Because I I just ask you to do a lot to help me and and that's not fair.
I'm okay.
I know you're not having the best time at school at the moment.
- Everyone's just so fake.
- I know.
But sometimes what what looks like fake is a way of people coping.
It's just not that hard to tell the truth and be honest.
- Don't become tough, Bec.
- Mum.
Hey, I tell you what.
You can put on your suit of armour when you go out there in the world, and you can take it off again when you come back home.
- You too, Mum.
- Okay.
Hey, you're right.
We'll leave our swords at the door, hm? You know I'm so lucky.
You're a top bird.
Ms.
Erbakan, in your original statement to the police, you said that you and Simon Heywood were were a romantic couple, - didn't you? - Yes.
And later, you changed that statement, claiming that you were not in a romantic relationship, but that Simon Heywood and Anna Marin were having an affair.
- Is that correct? - Yes.
Yeah.
So, the new statement is the truth? Simon Heywood - and Anna Marin were lovers.
- Objection! The witness's opinion is hearsay evidence - Yes.
Yes, they were.
- I'll allow that objection.
The witness's opinion is not evidence on which you can rely.
Please disregard her response.
Ms.
Erbakan, if, as you claim, Simon was Anna Marin's lover, one would assume he had permission to pick up his lover's son.
So why did you call the police - when you found Sam in Simon's flat? - Well I was I was jealous.
[SIGHS.]
Sorry, this is hard.
Um I thought if I I called the police, then Joe then Joe, her husband, would find out and then that would break them up.
Then if he was free of Anna I was in love with Simon and I wanted to know if something could happen between us if she was gone.
I never dreamt it would blow up like this, you know? I I'm really sorry.
That that's the truth.
So, you expect the court to believe that you had a man that you were in love with placed under arrest for abducting a child in the hope that it might bring you closer to him? - I don't know.
- Did Simon Heywood ask you - to change your story? - No.
But it's certainly VERY helpful for his case now that you claim that Simon Heywood and Anna Marin were lovers.
No, it it wasn't until Simon's psychiatrist explained the trouble I'd caused that I I realised I'd better tell the police the truth.
[INDISTINCT MURMURING.]
Well, we both believed that Simon and Anna were having an affair.
Angela's original statement was a lie.
It was only going to make things worse for Simon.
I mean, - she didn't know at the time - Do you know how bad this looks? A key prosecution witness changes her story because the defendant's psychiatrist explains the trouble she's caused.
They could charge you with perverting the course of justice, Alex.
Gina, I didn't do anything wrong.
Testimony began fantastically for Simon.
It ended up being a disaster for him! Look, I didn't know she was going to mention me! What, and when Anna is on the stand, is she going to mention the night you bailed her up outside her house? [KNOCKING.]
Sorry.
I thought you should know I have Anna's mobile phone records.
Two seconds, Robert.
I'm so sorry.
What can I do? I don't know what to do.
Alex I don't think you're over your marriage.
Just trust me, it takes a long time.
And I don't have room right now for for anything.
You see, nothing.
I have nothing to give you.
I don't believe that's true of you.
I'm sorry.
[ANGRILY.]
Just stop apologising, Alex.
Simon needs me to be his lawyer right now.
Okay.
And I really don't have enough friends to throw any way.
Well, that's good.
So, not what we expected? - Maybe they were very careful.
- Maybe, yes.
So, here's Joe's call to Anna the night Sam went missing.
These ones are parents of the kids in Sam's school.
But look here.
Within 60 seconds, she's made this other call.
Lasts two minutes.
Do we know who this is? Unlisted.
Untraceable.
We subpoenaed Anna's mobile phone records and we didn't find any evidence of any calls or text messages to or from any of your numbers in the six months prior to your arrest.
Now, the prosecution will use the absence of any calls or texts between you and Anna to add weight to their case that Anna didn't give you permission to pick Sam up.
Is there an unlisted number that might be yours? A silent number? Robert, you once said that I could receive a discount on my sentence if I plead guilty before the trial and I know it's already started, but Stop.
Simon, I haven't given up yet.
Anna is on the stand next.
Now, is there anything more that you wish to tell me? Okay.
We'll see you in court.
Could I have a look through this registry, please? [LINE RINGS.]
[MOBILE BUZZES.]
Hello? Not too late? No, I'm just having a bite to eat.
Did you know that Anna came to visit Simon in the remand centre two days ago? - No, he didn't tell me.
- Well, he didn't tell me, either.
I saw it in the visitors' book.
Alex, do you know if May and William own a property outside the city? Yeah, they've had a house down at Mornington Peninsula for years.
Uh, Gina? Look, the other night.
At the restaurant.
I wanted my wife to see me having dinner with a beautiful, intelligent woman.
But I just didn't think it through.
No, I I know.
I know.
I'll say goodnight then, eh? Night.
Please state your name and who you work for.
Trent James Tierney.
I work for Transurban.
Thank you, Mr.
Tierney.
Well, according to Anna Marin's statement to police, she was travelling from Melbourne to Sydney to attend a conference on the evening that Sam was reported missing from school.
So, Mr.
Tierney, can you tell the court what Anna Marin's toll records for that day show, please? If the vehicle was travelling to the airport, there should be tolls registered on the CityLink, but there are no records of tolls for this vehicle on that road.
There are, however, tolls registered on the EastLink - with this registration.
- And that road goes to Mornington Peninsula.
So, just to be clear, this car was not driving to the airport on that day? No.
Well, a very, very long way to get there.
Thank you.
[MOBILE BUZZES.]
Call Anna Katerina Marin.
shall be the truth, the whole truth and nothing but the truth.
shall be the truth, the whole truth and nothing but the truth.
- What are you nervous about? - I will send Simon to prison.
Yeah? By what I say, I will change his life.
No, by what he did.
He did it.
Do you have any idea how frightened Joe and I were? Simon, you have to tell me why you took Sam.
I was never, ever gonna hurt him, you must know that.
But without a ransom note, why would the jury - think it's kidnapping? - Well, it doesn't matter.
He didn't have your permission, therefore he's going down.
I was going to a work conference.
I rang your office.
They had no knowledge of your involvement in a conference.
WOMAN: Mrs.
Marin, are you thinking about your answer or are you indeed refusing to answer? So, you were going to a conference in Sydney? No, I wasn't.
I would like to remind you that perjury, lying in a court of law, is a serious criminal offence.
There's not one single thing I trust about you right now.
Whoa! Easy, easy.
STASZIK: Simon Heywood, you're under arrest for kidnapping.
ANNA: Oh, my God! Sam! Where have you been, baby? Sam was picked up from school by Simon Heywood.
Simon was my boyfriend for three years.
A woman was with him.
Either of you recognise this person? No, I don't know her.
How do you know Joe Marin? - He's one of my clients.
- How's your family? I'm, uh, dropping round for dinner tonight.
Oh, that's great.
Alex, what are you doing here? I wanted to ask you a question.
Why are we getting divorced? I don't think I ever did really love you.
ANNA: [VOICE-OVER.]
Hi Simon, I'm writing to you because I read in the papers about what happened at your school.
I'm starting to believe that the only logical explanation for Simon's behaviour is that he and Anna were having an affair.
I can only imagine how terrible it must be for you.
This is Gina Serkin.
She's a criminal barrister.
She's agreed to help Simon.
SIMON: [VOICE-OVER.]
Five, four, three, - - two, one.
KIDS: [VOICE-OVER.]
Good afternoon, Mr.
Heywood! All right, get out of here.
MAGISTRATE: Having reviewed the handout brief I am satisfied that there is evidence of sufficient weight that a jury properly instructed could convict the accused, and so order Simon Heywood to stand trial on charges of kidnapping.
[DOOR SLAMs.]
- Hello, May.
- Hello.
- Hello.
- You didn't have to come in today.
It's pretty much a foregone conclusion.
Yes, I know.
How long until the trial? We'll find out at the directions hearing.
I'll let you know.
Anyway, we'd better get back to work.
And will he still say he's innocent? I just wonder if it's the right thing to do to plead not guilty.
I mean, if he gets less time in jail by pleading guilty, wouldn't that be better? Then it could all be over very quickly, couldn't it? Are you still intending to plead not guilty? Yes.
Anna just saw you in court, as a prisoner and she didn't flinch.
You don't know what she was thinking Or feeling.
So I can only assume that she's happy for this to play out as if you are guilty.
Gina, I'm sorry.
I know how this must look.
Well, it doesn't matter how it looks to me.
My job is to give a jury reasonable doubt, and if your instructions haven't changed, then that's what we'll proceed to do.
Gina, given the workload, I'm going to get someone else in.
Good.
As long as the Heywoods are going to keep paying.
Well, let's just assume they will.
What's your biggest worry? That I miss something.
Or that Simon is lying and - this'll all just blow up in my face.
- [MOBILE RINGS.]
Hi.
ALEX: [OVER PHONE.]
What are you wearing? Sorry? Tonight.
To the drinks.
Oh, um Well, it's not super formal.
- So no tie, then? - Um, that's not really necessary.
Just work clothes are fine.
Ah, how is Simon? Well, he was prepared for this, but I suppose he was hoping it would go his way.
- And are you okay? - Yes, I'm fine.
I know this sounds callous, but this case going to trial is good for me.
Anyway, look, I'll see you tonight.
- Thank you.
- Thank you.
I've never seen so many lawyers en masse.
Anything I need to know about the group dynamics? Well, they enjoy resting in warm places, and wallowing in dirt.
- What, like bison? - Mm.
Actually more cold-blooded.
Think reptile.
Gina! You came! Gideon Pozniak QC, this is Dr.
Alex Klima.
Ah! You're the psychiatrist friend who brought Gina the child stealing case.
I wish I had friends like you.
Gideon, you don't have any friends who aren't like that.
No seriously, I am very pleased for you, Gina.
About time! They'll be lining up to brief you when this is over.
[CHUCKLES.]
Don't forget to send me your overflow.
Oh, well, let's not get carried away.
Welcome.
Enjoy the evening.
- Thank you.
- Thank you.
You know, I have known him for over 20 years and this is the first time I've been invited to his little drinks.
- You've arrived.
- No pressure.
Well Well, here we are.
Yeah.
Although we've been out to drinks before.
Yes, but one or both of us was always married.
That's true.
Well, actually you're still married.
Yeah, technically speaking.
Funny, I've never met your wife.
What does she do? Actually, I don't really want to talk about my wife.
- Oh, I'm sorry.
I - No, no.
Well, how was cooking soup in your shitty kitchen? It was good.
[TELEVISION PLAYS IN BACKGROUND.]
[MOBILE BUZZES.]
- What? - No, it's all right.
You just fell asleep in front of the TV.
Why don't you hop off to bed? How was your night? It was good.
It was fun.
You look so pretty.
How you doing with that Lucy? Lucy, the cry-baby bully.
Well, she's a cow.
I couldn't care less about her.
Well, you know you can talk to me about that stuff, don't you? It's okay, I can handle it.
Right.
Night.
- - [MOBILE BUZZES.]
I was bloody starving, so I thought you might be too.
- You been working? - Mm, yes.
I'm starting to worry that Simon's story's going to end badly for him.
I'm hopeful.
- Really? - Yes, really.
Even if he does get off, he's going to be in a bad place.
What is it with you and Simon? I mean, he's more than just a patient.
Look, there was a time when I was passionately involved in ideas and politics, when I fought for what I believed in, when I wouldn't compromise my ideals for anyone or anything.
And then that faded and I don't even know how it happened.
And Simon reminded you of that.
Yeah, very much so.
And I let my professional guard down and I was arrogant enough to think that I could manage it.
I feel I let him down.
You mean a lot to him.
Well, that's good to hear.
I've kept you up.
I've taken up too much of your time.
- It's late.
- Yes.
- My daughters are asleep in there - Yes.
- I have to work tomorrow.
- You do.
- So I have to go to bed.
- Of course.
Do you want to come with me? - [LAUGHS.]
- Shh! The girls will wake.
[WHISPERS.]
Hi.
[WHISPERS.]
Good morning.
All good? You go back to sleep.
Alex.
When I call you this morning, just be normal.
I will.
Girls! Can I have $15 today? - Really? What for? - Drama thing.
Oh, well, look Now, girls, I am going to be super busy in the next couple of weeks in work, so I'm going to have to put in some late nights.
- Not Svetlana.
- I like her.
She brings lollies.
Well, look, it's just after school to help you with dinner, yeah? - She can't cook.
- Yes she can! - She told me I was fat.
- She did not.
She did.
She said my thighs were chunky and I should lay off the chips.
I was appalled.
All right, now, darling, do you want me to do your hair? - Mm-hm.
- Get your brush, quick.
How's your new boyfriend? My what? What would you say now? Let me think.
"If you're going to make an accusation, "you'd better be able to back it up "with solid, irrefutable evidence.
" This happened last night after I went to bed.
Well? Well, I just love the fact that you used the word 'irrefutable'.
Would it bother you? I don't know.
Probably.
Okay, let's go.
Quick.
Great.
And I'd really like to get hold of her phone records for the whole year previous to Sam being taken.
Lucille can start tomorrow.
Oh, and William and May Heywood are coming in tomorrow at three.
Did they say what they wanted to have a meeting about? Mr.
Heywood said "an update".
- Good morning.
- Hi.
Look, something's been bothering me.
Simon told you he met with Anna after the Carlo incident - when he was a teacher, yes? - Yes, he did.
Yet in Anna Marin's statement to police, she said she hadn't seen Simon since she left university.
But that's not the truth.
Alex, how do you know it isn't Simon's that's lied? It makes much more sense for Simon to fabricate this meeting than Anna.
Can you meet me at his apartment sometime today? May's been in and tidied up.
Oh, so May has a key? Yeah, she and William own the place.
There you go.
Well, there's no date.
But she does talk about Carlo, about his job as a teacher.
Yeah, and why would Simon pass up an offer like that? Well, the card doesn't prove they met, but certainly shows their intention to.
And also that they've had contact since university.
I mean, why lie in a statement to police, if she's nothing to hide but a coffee with an old boyfriend? Do you think there's any chance they've resumed their relationship in recent years? Anything's possible.
They were very, very much in love.
Is that what you're building your case on, Ms.
Serkin? My line of defence is to punch holes in Anna Marin's assertion that she didn't give Simon permission to pick up her child.
Do you think Anna is lying? I think there are inconsistencies in Anna's story, yes.
A friend of ours said to us that Simon could get a discount on his sentence if he pleaded guilty.
Simon's instructions to me haven't changed.
He still maintains that he's not guilty.
But if she If Anna won't help him Enough is enough.
You don't throw good money after bad.
What are you saying, Mr.
Heywood? Unless Simon pleads guilty, we're not going to continue to pay his legal fees.
And have you spoken to Simon about this? No, that's your job.
You can advise him to change his plea to guilty and you'll be paid for the job that you've done thus far, and then we can all be saved the humiliation of a public trial.
I can suggest this to him, but if he refuses, and I'm fairly sure that he will, let me tell you what will happen.
The court will learn that Simon can't pay his legal fees, so they will order Legal Aid to take over his case.
He will be inadequately represented and more than likely your son will spend many years in prison.
Well You lay all of that out to Simon, and he can choose.
Is there anything I can do for you? No, thank you, Robert.
Just keep going.
Oh, thanks, Alex.
I really appreciate this.
Not a problem.
Hello.
I see.
Look, perhaps if I speak to, William ask him to reconsider.
Simon, if you want to change your instructions, you let me know.
But you don't have to decide now.
This is getting bad, isn't it? I wanted to ask you about your meeting with Anna.
Now, how was that meeting arranged? She contacted me.
She, um I got a card from her.
Do you recall using your mobile phone - to contact her? - I suppose so.
I did have a landline.
Maybe I used that.
Now, you said you met her on the pier.
And can you tell me what time it was? Was it very busy? Is there anyone that could verify that you were there with Anna that day? It was a weekday.
It was just another day.
A windy day.
And no one saw us, no one would remember us.
But it happened.
No, no, no, look at the next one from John Sinclair from, uh What is it? - Uh, MCA Enterprises.
- Got it, got it.
What on earth was Anna doing? I've got the name of her manager at Blackwell Consulting.
- I could do some fishing? - Yes, fish away.
- And her car is on a company lease? - Yeah.
Good, that should make things easier.
Oh, I also found out Joe Marin's lost his job and their house is on the market.
[MOBILE RINGS.]
REBECCA: [OVER PHONE.]
Mum, where are you? I'm in at work, darling.
I'll be home in half an hour.
Svetlana wants to go home.
She said you only paid for her for three hours.
Well, tell her to go home.
I'm not far away, anyway.
Have you had dinner, darling? Is two-minute noodles and barbecue chicken dinner? Well, that's two food groups.
Look, she won't leave until she gets paid.
All right, sweetheart.
I'm leaving work now.
Bye.
I don't mind the chicken and noodles, - but some vegetables would be good.
- They don't eat them.
They do eat them.
And did you tell Rebecca she was fat? No, she's not fat.
What, is she crying about that? Crying? When was she crying? Young girls today have plenty to cry about.
Right, okay.
Okay, thank you.
Right, I'll see you tomorrow.
This is my last week.
- What? - I've got another job.
Live-in.
They want me start next week.
Well, you could have given me some notice.
Just happen.
I am sorry.
- But I can do the next two days.
- Okay, thank you.
[LIGHT KNOCKING.]
[DOOR CLOSES.]
[KNOCKS ON DOOR.]
You all right, Bec? Yeah.
[WHISPERS.]
Morning.
[WHISPERS.]
Not quite.
Do you get tired later on in the day? Nope.
I understand why I have to creep around.
Thanks.
I quite like it, actually.
It's our secret world.
We'll leave you to it.
Half an hour? - There's the invoice.
- Good.
Should be fine.
Thank you.
Oh, hello, May.
Come on in.
Oh, this covers the most recent invoices.
And, May, just to be clear, Simon isn't changing his plea to guilty.
I understand.
This is my decision.
I have my own money and you can get your solicitor to send the invoices directly to me now.
This is his graduation suit.
Well.
That looks perfect.
Thanks, Gina.
- I feel sick.
- No, you don't.
Oh, Bec, not today.
Uh-uh.
Today you have to take Aviva to school.
- I can't help feeling sick, can I? - All right, well look, can you walk Aviva to school and then come home? - What, is it your period? - AVIVA: Mum! Well, can I get you some painkillers? There's none there.
I looked.
Bec, please, I want you to get up and help me this morning, please.
Mum, I'm really sick.
Oh, God.
Aviva, why aren't you dressed yet? I can't find my sports t-shirt.
It's my sports carnival today, Mum.
All right.
- You girls.
- [LINE RINGS.]
- [OVER PHONE.]
Svetlana.
Leave message.
- [SIGHS.]
God.
Um, well, uh, look, sweetheart, do you really need to go to the carnival today? I mean, you can stay at home and watch TV with Becs.
I have to go.
I'm on the cheer squad, Mum.
Call Alex.
- He can take her.
- No.
No, I can't I can't do that.
Oh, just do it.
He can bring over some Nurofen for me on the way.
[SIGHS.]
He's a doctor, isn't he? - All right.
- [LINE RINGS.]
Sports shirt.
You, go, now, quick.
Alex, hi! It's me.
Now, you need to be conscious of the kind of image and message you're projecting to the court.
How should I look? Well, engaged.
Interested.
Deferential to the Judge.
Now, don't show disdain for the Prosecution or for any of his witnesses.
Right, don't shake your head, don't sigh, don't fiddle with your hands, don't doodle.
- Can I sweat? - Try not to.
- I was kidding.
- I wasn't.
[GAVEL BANGS.]
MAN: All rise.
WOMAN: Simon James Heywood, the Director of Public Prosecutions charges that you did unlawfully, by fraud, entice away Samuel Marin, a child under the age of 16 years.
How do you plead? Are you guilty or not guilty? Not guilty.
Simon James Heywood, the Director of Public Prosecutions further charges that you did take and carry away Samuel Marin against his will.
How do you plead? Guilty or not guilty? Not guilty.
Detective Staszik.
Simon Heywood's flat was searched twice by the police, wasn't it? - Yes.
- Mm-hm.
And there was no child pornography or indeed pornography of any kind found there, was there? No.
When the young boy was taken to the police station on the night in question, the police caused a medical examination of young Sam to be conducted by a qualified and experienced medical practitioner? Yes.
No evidence of sexual abuse, sexual assault or of any other kind of abuse or assault on the boy whatsoever - was found by the doctor, was there? - No.
You did, however, find some evidence that young Sam did enjoy at least one glass - of chocolate milk, didn't you? - [INDISTINCT MURMURING.]
Yes.
There's never been any suggestion of any ransom note found in the course - of your investigation, has there been? - No.
So, let me get this straight.
If Mrs.
Anna Marin, Sam's mum, had told you that Simon Heywood had permission to pick up her son, Sam, from school None of us'd be here now.
Both parents deny having given such permission.
And that's the only - reason we're here, isn't it? - Objection, Your Honour.
I'd ask my learned friend not to make statements from the bar table.
It was a question, Your Honour, but I'm happy to withdraw it.
No further questions of this witness.
ALEX: Well, Simon seemed quite calm.
Good.
He was terrified.
Yeah, I'm sure.
Alex, thanks for this morning.
No, not at all.
Aviva's a sweetheart.
Ten-year-olds are good company.
- What about Bec? Was she all right? - Yeah, she took the painkillers, she grunted "thanks" and shut the door.
This morning I realised that if my idiotic babysitter doesn't answer the phone, I've got no one.
Well, I'm glad I could be of help.
[KNOCKING.]
They've just added a witness to their list a Frederick Zwier.
[SIGHS DEEPLY.]
You shared a cell with Frederick Zwier, hm? Now, think hard about the conversations you had with him.
The police may have recorded it.
Did you say anything that would lead the jury to believe that you confessed to him? I would never have said that to anyone.
Okay, then.
All right, I'll seek an application for an adjournment so I can find out all I can about this guy.
How much time are you seeking, Ms.
Serkin? Half a day, Your Honour.
I'm giving you lunch.
Your Honour, with respect, many of the people I'm going to need to talk to - are likely to be at lunch.
- Well, you'd better hope - they're fast eaters.
- [WHISPERS.]
Fuck! Gina.
- You know Justice Gabriel? - How do you do? So sorry to interrupt, Judge, but I'm in the middle - of a County Court trial and - Not at all.
Will you join us? Thank you, look I'd love to, but I'm in the middle of the Simon Heywood trial and I'm actually here - to run something by you.
- Please, at least sit down.
Right.
So the police have got a guy to say that my client confessed to him when they shared a cell.
Now didn't they try the same stunt on one of your recent co-accused in the last month or so? It wouldn't be the 'lovable' Frederick Zwier? That's the one.
Go to my chambers and have my secretary show you everything I've got on him from the Matusevich trial.
- Thank you so much.
- Mm-hm.
Good luck.
- Thank you, Judge.
- You're welcome.
Mr.
Zwier, approximately seven weeks before the date you ALLEGEDLY had a conversation with my client, you were charged with administering a drug for the purposes of sexual penetration pursuant to Section 53 of the Crimes Act following an evening out at the Amazon nightclub, weren't you? I didn't put anything in that girl's drink.
This is all bullshit and she said she was 18.
Oh, did she volunteer her age, or did you ask her just before you drugged her? Objection, Your Honour.
Mr.
Zwier is not on trial here.
No, Your Honour, but his credibility is.
I'll allow the question, but try not to get into an argument with the witness, Ms.
Serkin.
She can say what she likes.
Most of the charges have been dropped anyway.
Oh, are you telling the court that as of yesterday, the police had dropped most of the charges against you? - Yep.
- Mm.
Mr.
Zwier, you made a deal with police to try and elicit information from my client, Mr.
Heywood, and then testify against him in this trial in return for certain of the charges against you being dropped, - didn't you? - No.
Well, you tried the same thing in the Matusevich trial, didn't you? No.
In fact, you'll say anything to anyone at anytime to try and buy yourself less jail time, isn't that right, Mr.
Zwier? Objection! Objection, Your Honour.
My learned friend - is wasting the court's - I'll withdraw the question.
Nothing further, Your Honour.
And what arrangements had you made for Sam's pick up? I was going to pick him up from school.
When you learned that your son was not at the school, where did you think he might be? I didn't know.
I was terrified.
I I've never felt more useless before in my life.
Do you know Simon Heywood? No.
Did you give Simon Heywood permission to pick your son up from school? No way in hell.
I have no further questions, Your Honour.
[INDISTINCT MURMURING.]
Mr.
Marin, you knew that Simon Heywood had been your wife Anna's boyfriend at university, didn't you? Well, I knew that she had a boyfriend at uni called Simon.
And you knew that the relationship with Simon had been the most significant relationship she'd had - before your marriage, didn't you? - I don't know what you mean.
Objection, Your Honour.
It's not clear how Mr.
Marin's ranking of his wife's premarital boyfriends is relevant to this case.
Yes, Your Honour.
Mr.
Marin, your marriage was not in the best of health, was it? My marriage was and is fine.
- Thanks for your concern.
- Were you not more dissatisfied within your marriage than most men? - Objection, Your Honour.
Relevance.
- Mr.
Marin, around the time that Sam was being picked up from school, you had been visiting a prostitute known as Angelique at a brothel on a weekly basis for approximately a year.
- Isn't that right, Mr.
Marin? - Objection, Your Honour.
My learned friend is simply badgering the witness.
- JUDGE: I'll allow that objection.
- Your Honour, what does any of this have to do with my son being kidnapped? Mr.
Marin, please confine yourself to my questions.
I'm not the one on trial here and neither is my marriage.
- That loser sitting right there is! - Mr.
Marin, please.
How about asking how the prostitute conspired with him - Mr.
Marin! - to kidnap my son and blackmail us! Mr.
Marin, please confine yourself to answering Ms.
Serkin's questions.
No further questions, Mr.
Marin.
[INDISTINCT MUTTERING.]
Hi.
Hello.
Oh, this place is nice.
Never been here.
Food's good.
My God, you must be exhausted.
Not that you look it, at all.
- Far from it.
- [CHUCKLES.]
I'm okay.
- How are you this evening, Alex? - I'm very thanks, Younis.
Thank you.
Thank you.
Thanks.
The waiter knows your name.
Oh, I've been coming here for years.
No, really, it was amazing watching you in court today.
Did you speak to William? Yep, so he's accepted that Simon's not going to change his plea, and he now knows that May is going to pay you.
- God, they are such a strange pair.
- Mm.
- How long have you known them for? - BOY: Dad.
[SURPRISED.]
Adam! Hello.
Um, Gina? This is Adam, Rachel and Deborah.
Everyone, this is Gina Serkin.
Hello.
Nice to meet you.
What are you doing here? - Well, we're having dinner.
- Adam, why don't we go and sit down? Our table's over there.
Mum, let's go somewhere else.
No.
Why don't THEY move? - Just go and sit down.
- Adam.
Please? Pleased to meet you.
[WHISPERS.]
Likewise.
Did you know your family was going to be here tonight? No.
But there was a fair chance.
I don't have the head space to deal with this.
I don't know what I was thinking.
Were you trying to hurt her? Alex, you know I'm really exhausted, my mind's on what I have to do tomorrow.
I Please.
No, no, no, no, it's fine.
Really, truly it's fine.
It's just, you know It's all good.
I'll speak to you tomorrow.
It's just bad timing.
All good.
Thanks, Mum.
I shouldn't have gone out tonight.
I'm sorry.
All good here.
I think it's good you have a boyfriend.
Well, I'm not not too sure how that's going to work out.
You deserve the best boyfriend in the world.
Don't take any crap from him.
- Are you okay, Mum? - Yeah, no, I'm fine.
- No, you're not, you're crying.
- Just a little bit.
I I'm worried about work, but But more than that, you know, I worry about you.
Because I I just ask you to do a lot to help me and and that's not fair.
I'm okay.
I know you're not having the best time at school at the moment.
- Everyone's just so fake.
- I know.
But sometimes what what looks like fake is a way of people coping.
It's just not that hard to tell the truth and be honest.
- Don't become tough, Bec.
- Mum.
Hey, I tell you what.
You can put on your suit of armour when you go out there in the world, and you can take it off again when you come back home.
- You too, Mum.
- Okay.
Hey, you're right.
We'll leave our swords at the door, hm? You know I'm so lucky.
You're a top bird.
Ms.
Erbakan, in your original statement to the police, you said that you and Simon Heywood were were a romantic couple, - didn't you? - Yes.
And later, you changed that statement, claiming that you were not in a romantic relationship, but that Simon Heywood and Anna Marin were having an affair.
- Is that correct? - Yes.
Yeah.
So, the new statement is the truth? Simon Heywood - and Anna Marin were lovers.
- Objection! The witness's opinion is hearsay evidence - Yes.
Yes, they were.
- I'll allow that objection.
The witness's opinion is not evidence on which you can rely.
Please disregard her response.
Ms.
Erbakan, if, as you claim, Simon was Anna Marin's lover, one would assume he had permission to pick up his lover's son.
So why did you call the police - when you found Sam in Simon's flat? - Well I was I was jealous.
[SIGHS.]
Sorry, this is hard.
Um I thought if I I called the police, then Joe then Joe, her husband, would find out and then that would break them up.
Then if he was free of Anna I was in love with Simon and I wanted to know if something could happen between us if she was gone.
I never dreamt it would blow up like this, you know? I I'm really sorry.
That that's the truth.
So, you expect the court to believe that you had a man that you were in love with placed under arrest for abducting a child in the hope that it might bring you closer to him? - I don't know.
- Did Simon Heywood ask you - to change your story? - No.
But it's certainly VERY helpful for his case now that you claim that Simon Heywood and Anna Marin were lovers.
No, it it wasn't until Simon's psychiatrist explained the trouble I'd caused that I I realised I'd better tell the police the truth.
[INDISTINCT MURMURING.]
Well, we both believed that Simon and Anna were having an affair.
Angela's original statement was a lie.
It was only going to make things worse for Simon.
I mean, - she didn't know at the time - Do you know how bad this looks? A key prosecution witness changes her story because the defendant's psychiatrist explains the trouble she's caused.
They could charge you with perverting the course of justice, Alex.
Gina, I didn't do anything wrong.
Testimony began fantastically for Simon.
It ended up being a disaster for him! Look, I didn't know she was going to mention me! What, and when Anna is on the stand, is she going to mention the night you bailed her up outside her house? [KNOCKING.]
Sorry.
I thought you should know I have Anna's mobile phone records.
Two seconds, Robert.
I'm so sorry.
What can I do? I don't know what to do.
Alex I don't think you're over your marriage.
Just trust me, it takes a long time.
And I don't have room right now for for anything.
You see, nothing.
I have nothing to give you.
I don't believe that's true of you.
I'm sorry.
[ANGRILY.]
Just stop apologising, Alex.
Simon needs me to be his lawyer right now.
Okay.
And I really don't have enough friends to throw any way.
Well, that's good.
So, not what we expected? - Maybe they were very careful.
- Maybe, yes.
So, here's Joe's call to Anna the night Sam went missing.
These ones are parents of the kids in Sam's school.
But look here.
Within 60 seconds, she's made this other call.
Lasts two minutes.
Do we know who this is? Unlisted.
Untraceable.
We subpoenaed Anna's mobile phone records and we didn't find any evidence of any calls or text messages to or from any of your numbers in the six months prior to your arrest.
Now, the prosecution will use the absence of any calls or texts between you and Anna to add weight to their case that Anna didn't give you permission to pick Sam up.
Is there an unlisted number that might be yours? A silent number? Robert, you once said that I could receive a discount on my sentence if I plead guilty before the trial and I know it's already started, but Stop.
Simon, I haven't given up yet.
Anna is on the stand next.
Now, is there anything more that you wish to tell me? Okay.
We'll see you in court.
Could I have a look through this registry, please? [LINE RINGS.]
[MOBILE BUZZES.]
Hello? Not too late? No, I'm just having a bite to eat.
Did you know that Anna came to visit Simon in the remand centre two days ago? - No, he didn't tell me.
- Well, he didn't tell me, either.
I saw it in the visitors' book.
Alex, do you know if May and William own a property outside the city? Yeah, they've had a house down at Mornington Peninsula for years.
Uh, Gina? Look, the other night.
At the restaurant.
I wanted my wife to see me having dinner with a beautiful, intelligent woman.
But I just didn't think it through.
No, I I know.
I know.
I'll say goodnight then, eh? Night.
Please state your name and who you work for.
Trent James Tierney.
I work for Transurban.
Thank you, Mr.
Tierney.
Well, according to Anna Marin's statement to police, she was travelling from Melbourne to Sydney to attend a conference on the evening that Sam was reported missing from school.
So, Mr.
Tierney, can you tell the court what Anna Marin's toll records for that day show, please? If the vehicle was travelling to the airport, there should be tolls registered on the CityLink, but there are no records of tolls for this vehicle on that road.
There are, however, tolls registered on the EastLink - with this registration.
- And that road goes to Mornington Peninsula.
So, just to be clear, this car was not driving to the airport on that day? No.
Well, a very, very long way to get there.
Thank you.
[MOBILE BUZZES.]
Call Anna Katerina Marin.
shall be the truth, the whole truth and nothing but the truth.
shall be the truth, the whole truth and nothing but the truth.
- What are you nervous about? - I will send Simon to prison.
Yeah? By what I say, I will change his life.
No, by what he did.
He did it.
Do you have any idea how frightened Joe and I were? Simon, you have to tell me why you took Sam.
I was never, ever gonna hurt him, you must know that.
But without a ransom note, why would the jury - think it's kidnapping? - Well, it doesn't matter.
He didn't have your permission, therefore he's going down.
I was going to a work conference.
I rang your office.
They had no knowledge of your involvement in a conference.
WOMAN: Mrs.
Marin, are you thinking about your answer or are you indeed refusing to answer? So, you were going to a conference in Sydney? No, I wasn't.
I would like to remind you that perjury, lying in a court of law, is a serious criminal offence.
There's not one single thing I trust about you right now.